what makes college football win or lose great, what makes trying for perch and team glory and all the fun and challenging contests on earth is the abiding respect for those values we all know are greater still. that's "hardball" for now. thanks for being with us. "the ed show" with ed schultz starts right now. good evening, americans. welcome to "the ed show" tonight from new york. jerry sandusky should be behind bars for the rest of his life. tonight, sandusky is a free man. it's wrong and the state of pennsylvania is making a big mistake. the man who saw sandusky rape a 10-year-old boy and never called the cops has been placed on paid administrative leave. penn state needs to do a lot more. this is "the ed show." let's get to work. >> there's no help for somebody that does this. there's, you know, not like this. there's -- he needs to be put away. he needs to be put away for a long time. >> a victim's mother breaks her silence on the penn state rape scandal.

delaware attorney general beau biden says the laws on reporting abuse need to change and he is here tonight. the grand jury report says the mother of victim six tried to make sandusky promise never to shower with a boy again, but he would not. so why is this guy free on bail? i'll ask "ring of fire" radio host and attorney, mike papantonio. and i think drastic measures need to be taken against the penn state football program. i'll ask author buzz bissinger what he thinks. in psycho talk, senator jim demint can't bring himself to honor veterans. >>. and cain and perry's crash are letting newt gingrich back into the race. >> oops. >> "daily show" co-creator lizz winstead is here. >> that's what i'm talking about. good to have you with us tonight, folks. thanks for watching.

the penn state scandal is prompting more questions than answers. almost a full week after it first exploded. joe paterno is fired, but others involved are only on administrative leave and accused child rapist is a free man. today assistant coach mike mcquery was placed on paid leave and will not coach tomorrow against nebraska. mcquery saw jerry sandusky sexually abusing a child and waited until the next day to report the incident to coach paterno. new university president rodney erickson said today penn state should not be a place where people are afraid to do the right thing. >> clearly this is an ongoing investigation, but it does appear that certainly some individuals were afraid to make known what they might have seen. >> last night on this broadcast, i said that penn state should cancel the rest of its football season. i'll give more reason on that tonight, as there is a precedent

that's been set. but erickson said the games will go on. >> it would also, i believe, not be fair to our student athletes who weren't involved in this situation to penalize them, many of whom have worked for their entire life and certainly for many cases the last four years, this is senior day at penn state. >> erickson was also asked if fired coach joe paterno would be in attendance at saturday's game. he said paterno is free to attend just like any other private citizen. paterno's son confirmed the family has retained a criminal defense attorney. for the first time, the mother of one of the victims spoke out. she concealed her identity but said firing joe paterno was the right thing to do. >> i think if he had any inclination of this and, i mean, he may have legally did what he needed to do, but there's got to be some moraling there. in my opinion, yes, i think they

all needed to be gone. >> the mother reserved harsher words for the accused child molester, jerry sandusky. >> i want him to be locked up. there's no -- there's no help for somebody that does this. there's, you know, not like this. there's -- he needs to be put away. he needs to be put away for a long time. >> sandusky will have his day in court and a jury will decide if he goaes away for a long time. right now, folks, sandusky has not gone away at all. he's been a free man since the day he was arrested. sandusky is free on $100,000 unsecured bail meaning he doesn't even have to post the money unless he fails to appear in court later this month. so a court of law decided sandusky was not a flight risk, not a risk to himself, not a risk to others, and he is currently on the street. this decision was made despite the details in 23 pages of grand jury testimony including a

section saying, "victim six's mother tried to make sandusky promise never to shower with a boy again, but he would not." later in the report, it said, "after sandusky was told he could not see victim six anymore, sandusky said, i understand, i was wrong, i wish i could get forgiveness, i know i won't get it from you, i wish i were dead." he can't promise he won't repeat his actions. he says he wants to take his own life, but he is a free man tonight pending court action. you think that's right? i don't. the laws need to be changed. get your cell phones out. i want to know what you think. tonight's question, should jerry sandusky be free on bail tonight? text "a" for yes, "b" for no to 622639. go to our blog at ed.msnbc.com. we'll bring you the results later in the show. let's turn to delaware attorney general, beau biden. mr. biden, appreciate your time tonight. thanks so much. >> happy to be on, ed. >> are we dealing with a broken

system here? we have a system here that allows jerry sandusky to be free on unsecured bail. is this a broken system? what's wrong? >> well, look, there's a lot of times where judges make decisions i don't agree with. i think you'll see the attorney general continue to focus on that and maybe revisiting that. i don't know. what i do know, ed, part of the system is broken. that is, the reporting requirements that exist around the country from state to state. in delaware and 17 other states, there's a mandatory reporting requirement. from my perspective, there are should be a mandatory reporting requirement, too, and too, this is essential, to law enforcement. that should be the requirement for anybody who reasonably suspects a child is being abuse the in any way, shape or form. that's the way in delaware and from my perspective should be in the other states. if we had that in place in pennsylvania, you know, we might have a bit of a different outcome. who knows.

>> why wouldn't sandusky be considered a flight risk or suicide risk? >> well, i didn't see the application, the part of the d.a. and the ag's office and i didn't see the judge's ruling, but, you know, there's been many times, i'm a prosecutor in my state, and there's been times where judges make decisions that i don't agree with. what prosecutors do, they move on. i know, i assume what they're doing is continuing to build their case and as we speak. look, ed, i'm not here to second guess a judge's decision or what the a.g., my colleague in pennsylvania is doing, how they're prosecuting this case. what i am here, and i appreciate your coverage of this, to make a point. one out of four girls, one out of four girls before they're 18 are sexually abused. one out of six boys is sexually abused before they're 18. one in ten of the victims ever report the crimes. nine out of ten of the perpetrators are someone from the family or someone that the perpetrator knows the victim. that's the epidemic we're facing in this nation.

that's what we're confronting today and what you see in pennsylvania. that's what you've seen, i'm a catholic, that's what you've seen in my church and institutions across the country and quite frankly across the word. a brighter light needs to be shined on this. i appreciate you shining light on this. >> let's switch to mike mcquery, the football coach, assistant coach, still with the university but on paid administrative leave and fired coach joe paterno. by the letter of the law in 2002, did they fulfill their legal obligations in your opinion? >> again, i'm very low to second guess what an attorney general or colleague is doing just north of my state. it appears, based on what i've read, that he may have satisfied the bare minimum. again, i try to stay out of the way of other prosecutors, allow them to do their cases and not second guess their statutory structure and how they're pursuing a case. what i think we need to focus on out of this more than anything else is how to prevent cases like this. mandatory reporting requirements is number one. number two is making sure the

institutions and people who are entrusted with children should never allow anyone in their institution or whatever it might be to have a one-on-one situation between an adult and a child. know every mother and father out there right now should ensure every school, every scouting agency, any group that takes care of kids. there's many that do. great ones that do it. to make sure there's never a situation where their child is ever in a one-on-one situation with an adult that's not visible and open. >> university president rodney erickson mcquery had not been fired because of complexities. what could those complexities be from what you know of the situation? >> again, i hate to -- i don't mean to sound like a prosecutor, but i am. truly in my job and my role, i'm the attorney general of the state of delaware. i really -- they have an ongoing investigation and have their hands full. governor corbett, former attorney general, squared away. he started this investigation. they're going to get to the

bottom of this as i'm sure penn state is. >> what are the reporting laws of delaware? delaware has athletic programs there as well. >> sure. >> and also, let's get to that. what are the reporting laws in delaware? >> the reporting laws in delaware as they are in 17 other states say that you must, any citizen, any citizen, must report a report of child abuse if they reasonably believe that a child is being abused. >> reasonably believe? i mean, that's -- that's a lot shorter than a witness. >> well, 100%. that's exactly the point. and so, you know, if in delaware if you witness this crime and didn't report it, you not only violate the mandatory reporting law but you'd be conceivably charged on a criminal front with endangering the welfare of a child and i can think of a number of other charges that might be lodged. that's delaware. the reality is, look, we are very focused on both the prosecution and punishment of pedophiles and what we're

talking about. pedophilia here. if i can make a point, there's a great organization called darkness 2, the number 2, light. and t in delaware, the ymca and as well as my office, our goal is to educate delawareans in my state the next many months to spot signs for child abuse and prevent it and make sure these cases don't happen by emboldening -- children need to be emboldened to speak up and speak out about something that's almost impossible to speak up and speak out about. >> child abuse happens in all 50 states. should there be a federal standard? are we approaching this properly? >> you know, that's a fair question, ed. i bet you're going to have members of congress grappling with that decision as we speak. and i -- you know, this is something i think the states can handle state by state. delaware has. 18 other states have.

that's a fair question whether or not under title 18 or the u.s. code congress wants to make the national standard on this. that's something for congress to take up. >> delaware attorney general beau biden, appreciate your time tonight. thanks so much for joining us on "the ed show." let's do it again. thank you. >> i look forward to it, ed. remember to answer tonight's question on the bottom of the screen. share your thoughts on twitter @edshow. we want to know what you think. the penn state sexual abuse scandal and utter failure of the system. i'll have more commentary, more on the legal ramifications with "ring of fire" radio host and attorney mike papantonio. and later mike wise and b.j.shekner weigh in on the future of penn state. and i bring forth a commentary tonight, what about the death penalty for the football program at penn state? stay with us. we're right back. what's better than gold ? free gold ! we call that hertz gold plus rewards. you earn free days, free weeks and more fast. that's a plus. upgrade your ride. that's a plus. rewards with no blackout dates so you can redeem anytime.

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host mike. tone wr . atte on the ongoing scandal. if the university doesn't end their season, the ncaa should. herman cain is the latest gop front-runner to flame out. will newt gingrich rise from the ashes to the top of the polls? lizz winstead will join me. stay with us. ♪ ♪ mama said there'd be days like this ♪ ♪ "there'll be days like this," mama said ♪

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investigated. penn state's interim president rodney erickson announced a special committee to investigate the sexual abuse scandal. >> i think we have to let the investigation play out. it's possible that there may be other victims that will come forward. it's possible that the attorney general's investigation will uncover additional information. >> yes, there's a very good chance this could get a lot worse. and it's important to remember how the system failed. despite so many people obtaining knowledge of jerry sandusky's alleged acts. there was the 1998 shower incident. the campus police chief, a police detective, and the department of public welfare were all involved in the investigation. the district attorney of the district attorney, ray gricar closed the case. in 2000, a janitor allegedly saw sandusky engaged in sexual

activity with a boy in the shower. the janitor told a co-worker and his supervisor at the time. in 2002, that incident, mike mcquery witnessed sandusky sodomizing a 10-year-old boy according to the grand jury report. paterno, curley, schultz and spanier all knew some version of all of this. the incident was also reported to the second mile charity. do you think those 13 people are the only ones who knew something about jerry sandusky's behavior? i doubt it. not likely. now we have the final atrocity in a system not protecting kids, with the alleged perpetrator out on bail. let's bring in "ring of fire" radio host and attorney mike papantonio. mike, great to have you with us tonight. mike, there is some new news just coming in now. mike mcquery, assistant coach at penn state, just had a conference call with his receivers in which he told them that he is in protective

custody. what do you make of this tonight, from what we know of it, as it continues to mount? >> what i make of it, ed, is that there is no honor among criminals. and when you have people that are looking at serious time, you have sandusky, ed, looking at 400 years potentially. ed, so anything is likely to happen in this story. and i think that's the thing that's most troublesome to me about a naive judge and a prosecutor who had to absolutely lay down and allow this man to be free. look, this concept that he's out walking around is so absurd because the very thing you're talking about here. there's an emerging story every day, ed. today we learn in texas there's a new story that's talking about whether or not this man raped a child in texas. so the bail issue is very problematic. look, bail is reserved for several things. first of all, we consider, is

this guy going to flee? he might. it's looking at 400 years. the most important thing is here, we know his history. we know he's raped children all the way back to 1998 that we know of. and here you have a judge that's so naive, i mean, she really says, look, i'm going to give you an unsecured bail. i'm going to let you walk around. and here's what you have to do. stay away from children. really? i mean, are you kidding? those are the type -- those are the types of bail, ed, that you reserve for things like property or drug issues. not $100,000 for this. in florida this guy wouldn't be seeing the light of day. in most states he wouldn't be seeing the light of day. the problem here is you either have an incredibly naive judge, nobody has told her that this is a repeat offender who has a 60% chance of doing it again. it's not that he has a moral problem, ed. he has a brain defect. this is a guy that should be in a padded room in a bug house, not walking around. >> mike, should there be a federal law? i mean, we've got child abuse in

all 50 states. and this takes the politics out of it. think about this. we don't know for sure, but there could have been a real cover-up taking place at penn state. if you've got a federal law, it takes a lot of local politics out of. what do you make of that? >> that's exactly the point, ed. you remove the good ole boys system. look, when i heard -- when this story came out about sandusky being released, i was in a room with the best criminal attorneys and best ex-prosecutors you'd ever want to have in a room. you know what they said? they said the problem is that one state has politics that are different from the other. access is important. what political campaign did you work with? who does this judge connect with with this person? you have to remove that. you have to be able to say, there's one rule. you don't molest children. and if you do, a judge is not going to let you go on bail and you're not going to get any breaks. >> administrative coach, assistant coach should i say,

mike mcquery, is on administrative leave as we reported and in protective custody, not at the university grounds. curley and gary schultz are being defended by lawyers, paid for by the university. what's wrong with this picture? why haven't all three of them been fired? >> well, what happens at this point, what happens at this point, ed, this is a university that is looking at money. this whole thing, ed, is about money. that's why they were going to let this coach show up on the field this weekend until there was too much outrage. it's all about a program that makes between $80 million and $100 million a year on football. here's what's happening, ed. >> i think you're making a heck of a point here. $72 million was the money that penn state brought in last year. that's their annual revenue that comes in. you're making a heck of a point here. they didn't have the wherewithal to make the decision what they

should to with the assistant coach until the public pressure continued to mount which tells me, mike, they don't have their hands around this. they haven't got the full grab of this. what do you think? >> ed, it's not even that they don't have their hands around it. they still don't get it. it's still about money. it's still about selling their program. it's about selling tv time. it's about selling hats and shirts. they don't get it. understand when mcquery was given permission to go out on the field, they had gotten rid of everybody who they knew about was involved here. right now they're lawyering up for these people because they see the next big money issue. that is multi, multimillion dollar cases coming against them. it's all about money, ed. there's no honor in this penn state seen here at all. >> joe paterno has hired criminal defense lawyer jay sedwick sallers. i'm sure you know the man. your thoughts on that move. >> well, real simple. you analyze it this way. did he hire him because of his

firing and pension issue? no. you don't hire a firm like that on a contract issue. did he hire him because he was concerned about the lawsuits that are going to come against him in civil court? no. because he was an employee with the university and he's covered under their policy. the only thing you can conclude here, ed, he's lawyering up because he knows there is no honor among criminals. he knows sandusky is looking at 400 years. he knows that everybody else involved may start pointing the finger at paterno. we still to this day don't know what paterno told, or who he told, so at this point he -- >> you know, here's a thing about who said what to who and everything else. and i think we've got to understand the culture of college football and coaching staffs. coaching staffs are a fratern y fraternity. they are close knit. they know one another throughout the country. okay. i find it hard to believe that the coaches at penn state who

had been together for so long didn't have some rumor mill about sandusky? >> sure. >> i'm telling you tonight, i think, hell, they knew. i mean, that's my opinion. i mean, i'm drawing conclusion. i think they knew. and they just, well, you know, this could really bring down the football program and this could bring down a lot of great people who have been around for a long time. athletic director, go handle this thing and see what you can do with it and see where it all goes and now look where we are. i mean, i just think from all of this, there is a culture out there at penn state. it's bigger than anything. we can't take down penn state. we can't take down a football program. this is just bigger than anything. it's repulsive is what it is. it's a priority list in america we have to rearrange and realize nothing, no one, no institution is above the law. you have the final word, mike. >> ed, nothing operates in a vacuum. if you don't think every decision made, that athletic

director, when he was told that -- he heard the story that a 10-year-old child was being raped. you know what he thought about? not the 10-year-old child. he thought about his career. he thought about how much money that university was making just like that graduate. >> sure appears that way. >> i can promise you that's what happened. this is about money. it's not about honor or honesty at all. tonight is still isn't. we're seeing the same conduct. >> mike papantonio, always a pleasure. good to have your insight on the program. thank you. over 100,000 screaming penn state fans will show their support for joe paterno tomorrow. i think it's wrong, and i'll tell you why, next. rick perry had a senior moment and herman cain is tanking in the polls. "daily show" co-creator lizz winstead will be here to assess the damage. ♪

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welcome back to "the ed show." more on penn state. the culture of moral corruption that penn state football program has displayed during the sandusky scandal, i think, is absolutely representable. it's clear joe paterno and penn state leadership cared more about the football program and the school's reputation than the actions of an alleged child rapist. it's not enough to fire a coach and a school president. there needs to be real restitution, in my opinion. a message needs to be sent. penn state should step up to the plate and cancel the rest of the season. tomorrow, you're going to turn on your tv sets and you're going

to see the nittany lions playing nebraska. now, according to reports, fans are planning to wear blue to show their solidarity with the victims. perfect. multiple sources connected with the penn state football team tell tmz, the website, that coaches, the coaches, the coaches had a meeting with players thursday and said friends and family should show support for ousted coach joe paterno by wearing white to the game on saturday. hold it right there. are they still collecting a paycheck from penn state? so basically what they're doing is asking the fans to show up and say, hey, the university made a mistake and actually joe still ought to be the head coach. this is getting way out of control. how do you think the victims, how do you think their families are going to feel when they see people treating paterno like a damn hero? penn state needs to pull the plug. end this. if they don't, the ncaa needs to consider what has been used before in the ncaa.

it's called the death penalty. according to the ncaa, the death penalty is a "phrase used by media to describe the most serious ncaa penalties possible. it can include eliminating the involved sport for at least one year." only five college programs have ever been given the death penalty. including the smu football program back in the '80s. the schools have traditionally gotten the death penalty, have been paying for players and illegal recruiting and stuff they shouldn't have been doing. the ncaa should expand their scope and cancel the rest of penn state's season and bring this back into order and recognize the severity and the seriousness of it all. in 2000, the ncaa canceled, canceled at least 15 games on the schedule. the university of vermont men's hockey team because they found out players were lying during an investigation into a hazing scandal? no commentary there. i'll let you be the judge.

hazing versus --. i understand that none of the current penn state football players did anything wrong. these are unintended consequences, but it is life. it sure looks like the coaching staff and the school administration did and penn state needs to mop it up. but when you bring in $72 million a year and you have a lot of fan, people who are planning weekends, you just can't ruin any of that. penn state needs to set a national example tonight. the country, the world is watching this. to allow that team to go out there for the sake of money, for the sake of senior day, or whatever the hell else it is, is the wrong thing to do. there needs to be restitution. no football program, no coach, no university is bigger than the alleged raping of 10-year-olds. and repeated allegations year

after year after year. this country has got a lot of problems. education has its issues. the economy needs to be turned around. but you mean to tell me we as a country have become so bought by worshipping programs, coaches, that we can't make a solid, concise decision on what the right thing to do is in this case? my opinion, the new president of penn state is off to a real bad start. i think the board of trustees ought to reconvene tomorrow morning and rethink everything we are saying on this broadcast tonight. everything i have said on this broadcast this week. penn state, you got to do more. and one more thing. i think that all of those students who have been out in the streets protesting the last few nights, upset about the

football coach being fired, you know what you ought to do? you ought to go home at thanksgiving and sitting around the thanksgiving table with your parents, why don't you read the grand jury report and then ask yourself the question if you made the right decision going out in the street and protesting. i'm joined now by buzz bissinger, author of "friday night lights and" and "vanity fair" contributing editor. good to have you with us tonight. thanks so much. >> hey, my pleasure. >> how do you see penn state handling this right now? >> you know, obviously they're in complete chaos and damage control mode. i happen to think that they should not cancel the game tomorrow because i don't see this as a football scandal, a sports scandal. i think it goes way, way beyond this. it is a scandal of morality, inhumanity, of corruption, of terrible, terrible judgment, perhaps criminal judgment by

people of power. as you point out, the current players didn't have anything to do with this. football is going to go on. the ncaa, yeah, they could step in. they're the most factless organization in america. you make a very good point about the death penalty which they should get. who knows what's going to happen. i think they should be able to play tomorrow. they were right to fire paterno. they were right to fire the president. the handling of mcquery, i have to believe, is for legal reasons. i think they don't want to fire him because if they do fire him, then he becomes a less credible witness in the trial and we don't want that because he is the most credible, most important witness because this -- and everyone calls him a kid -- a 28-year-old man. >> he was 28 when he saw it. >> an eyewitness. you know how rare it is for an adult to eyewitness this kind of

child abuse? of sodomy, of anal intercourse by a coach on a kid? it's almost unheard of. >> let's talk about the program here. ncaa president, the ncaa president, mark emeret said thursday, "the ncaa will defer the immediate term to law enforcement officials since the situation involved in the alleged crimes. as the facts are established through the justice system, we will determine whether the association bylaws have been violated and act accordingly." what do you think that means? >> absolutely nothing. it's kind of gobbledygook. it's the kind of gobbledygook that is all you get from the ncaa. it is always passing the buck. we have to wait here. we have to wait there. we have to wait on this judgment. we have to wait on that judgment. the ncaa is only there -- your previous guest had it right about money, in terms of the ncaa. the only thing the ncaa cares

about is how much revenue and money they can make. it's the only thing they care about. college football and basketball, they are evil empires. it is absolutely out of control. penn state is by far the worst. we can sit here, ed, we could come up with 25 different scandals in 15 minutes. the ncaa does nothing. nothing. >> buzz bissinger, good to have you with us tonight. >> hey, thank you. it's been an unbelievable week for a once proud institution. where does penn state go from here? mike wise and b.j. scheckner weigh in on that. senator jim demint proves he doesn't give a damn about veterans. just look at his vote. demint's coldhearted vote lands him in the "zone." that no one notices you?" and i'm like, "doesn't it bother you you're not reliable?" and they say, "shut up!" and i'm like, "you shut up." in business, it's all about reliability. 'cause these guys aren't just hitting "print." they're hitting "dream."

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that was not the way any other adult man in my life touched me. >> welcome back to "the ed show." that was troy craig, an alum of the second mile summer camp run by former penn state assistant coach, jerry sandusky. the fallout over sandusky's alleged sexual abuse of children continues. a once proud institution now tainted by a scandal. let's bring in b.j. scheckner, executive director of sportsillustrated.com and mike wise, sports columnist for the "washington post" and wjfk radio host. gentlemen, good to have you with us tonight. there are more and more developments as it moves forward. is the school doing the right thing by putting mcquery on paid leave? mike, you first. what do you think? >> yes. yes. personally, i wouldn't mind seeing him -- seeing his employment terminated, ed. but if, in fact, they put him on administrative leave and he's not going to attend the game on saturday, i think that's the

best thing. people forget that a lot of adult survivors of child sexual abuse have a lot of rage in them still. and when they find a target, somebody who looked the other way, sometimes they feel like they need to express their feelings. i don't think -- i'm not saying mike mcquery wouldn't be safe in that stadium, i'm saying i wouldn't take the chance. >> b.j. scheckner, let's talk about this investigation that the university is going to do. ken frazier is the ceo of the big company, merck. penn state alum as well. and a board member. is leading the internal investigation. will we see anything come from that? i mean, is ceo of merck, is he qualified to do something like this? what do you think? >> well, you know, i'm not sure about ken frazier's background, but what penn state needs to do and what the authorities need to do, what the ncaa needs to do, somebody independent needs to come in here and look at this with a clear mind and determine what really happened.

part of the problem and the reason why people are enabled over the years is because they were scared of the power of penn state football and joe paterno. penn state needs to clean house and start anew. what we need to realize here, penn state has a huge opportunity to do something right. they need to start now because for so many years they did wrong by the kids, the kids that got abused, by the law, by everything. morally, ethically, legally, it's time for them to step up and do something right. >> b.j., you think they should -- should the ncaa be looking at this closely? i mean, they've gone on record saying they're going to wait to see how the legal end of it all plays out, but is there a chance that the ncaa would come in and say, hey, you have to make restitution? >> i seriously doubt it. what i know about the ncaa, from covering college football and college basketball over the years is the ncaa is a toothless organization. they don't take on these things. they don't take decisive action.

i don't think we'll ever see the death penalty in our lifetime because of the economic impact that it would have on the school. i don't think they have the guts to do it. i think this is a much bigger problem than penn state. this is a much bigger problem than the ncaa. it's a cultural problem. it's a systemic problem. we have to take a look at the role college sports play in education. >> yeah. >> college sports, i believe, belong in education, but they can't be paramount. they can't control, they can't be the tail wagging the dog. >> mike, what do you make of the coaches reportedly meeting with the players saying they should tell their friends and family to wear white in support of coach paterno who's been fired by university? what do you make of that? >> shameful. flat-out shameful. i understand people want to make joe pa a martyr in this drama, and i understand that joe paterno probably wants that affirmation that he was a great coach and he did wonderful

things. and he did. but it all changes when you don't prevent -- when you don't prevent a child molester from abusing more children. it looks like what's what happened. i think if joe paterno really loved penn state and really loved -- and he really was s sympathetic to the victims, he'd say don't bring a single placard about me to the came on saturday, don't chant my name when we do the silence for the victims, don't do anything. this is about them. this isn't about me. i don't believe joe paterno has that in him because he likes being a martyr in this story. it's sad. it's sad to see a great, once great man, go out like this. >> b.j. schecter, mike wise, always interesting take. great to have you with us. jim demint spits on america's heroes just in time for veterans day. i'll show you who demint really cares about in "psycho talk." you won't want to miss it.

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south carolina senator jim demint goes into the zone. "daily show" co-creator lizz winstead joins me to talk about -- rick perry. his media tour. ♪ imagine me and you, i do ♪ i think about you day and night ♪ ♪ it's only right ♪ to think about the girl you love ♪ ♪ and hold her tight ♪ so happy together

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and in psycho talk tonight, south carolina governor jim demint is literally the 1%. the guy who said he wants to break president obama was the only senator out of 100 who voted against giving a tax credit to businesses who hire military veterans. now, the bill was part of president obama's jobs plan calledcall ed bow to hired heroes. republicans and democrats were solidly behind it except demint. >> by using a politically sensitive group the day before veterans day, the democrats are hoping they can trick

republicans into further complicating the tax code when we should be doing everything possible to simplify it. we're pandering to different political groups with programs that have proven to be ineffective. i cannot support this tax credit because i do not believe the government should privilege one american over another when it comes to work. >> the keyword here is privilege. jim demint has spent his career privileging one american over another. one year ago, jim demint fought tooth and nail against last december's tax deal because of an estate tax that would apply to people worth more than $5 million. that tax will effect about 3,300 people this year. meanwhile, 900,000 of america's 22 million military veterans are unemployed. but demint says they're just a political group. his colleagues are pandering to. so jim demint is willing to fight for a tax cut effecting

3,300 super rich people, but he's not willing to support a tax cut effecting 900,000 unemployed veterans? for demint to say the val to hire heroes bill is a democratic trick is definitely un-american "psycho talk." coming up, "daily show" co-creator lizz winstead talks about the sorry state of the gop. even newt is moving up. the markets never stop moving. of course, neither do i.

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survey tonight on "the ed show," i asked you should jerry sandusky be free on bail tonight? 5% of you said yes. 95% of you said no. coming up, the gop race has been through more lead changes than its newest favorite has been through marriages. lizz winstead all about that topic when we come back as the newtster is surging in the polls.

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the -- um -- >> princess nancy. >> and let's see. i can't. the third one, i can't. sorry. oops. >> that will probably be others. >> i stepped in it. i stepped in it. i stepped in it last night. >> those disastrous performances made room for the next republican flavor of the week. it's the ethically challenged former speaker of the house, newtster, newt gingrich, the guy who's on his third marriage after cheating on the first two wives and starting divorce proceedings with one of them while she's still in the hospital fighting cancer. newt gingrich is surging. one new poll has him tied at second place with mitt romney, three points behind herman cain. another one puts him ahead of the pizza man and four points behind romney. it's a close lizz winstead, co-creator of the "daily show." do they dislike mitt romney so much they'll accept newt gingrich? >> you know, this is -- it's what's crazy. i mean, i don't know who likes mitt romney.

that's why he has such a big family i think, ed. he has to have people related to him that like him. even when it's clearly ease city to diss mitt, poor rick perry can't even spit it out. clearly they prepped him during the debate where he's like, are you the mitt romney who had that thing with the people, with the planned parent -- or that other -- i don't know -- i can't -- he couldn't figure. i watched the debate. and as i watched rick perry say, you know, struggle for the third department he wanted to cut, you know that herman cain was just in there going please say epoc. please say it. then he didn't. >> then he screwed it up because he said, they have to rebuild the epa. i'm sure the koch brothers wouldn't have liked that at all. herman cain is bragging about raising $9 million but is

dropping in the polls and of course this sexual harassment allegations is doing it to him. is he going to recover from this? he was out there today talking about anita hill. >> no, dissing -- herman cain, i'm wondering what's in his brain. i think what's in his brain are all those leftover pieces of hardware that you have after your put together an ikea book shelf. a couple of screws, an allen wrench. i don't get it. because i don't -- when you look at this group of people and i think at this point trying to choose one of these candidates to be your nominee is like deciding which package of tainted meat would be safest enough to eat. i don't know what they're doing at this point. it's so mortifying. when you're rick perry and looking to ron paul on your right for a little help and herman cain on your left for a little help, it's really just amazing. >> lizz winstead, great to have you with us. >> thanks, ed. >> that's "the ed show." i'm ed schultz.